Employer asking me to do something i cant....

[Nodistance]

I'm a support worker for individuals with learning disabilities, we do a vary of different activities which are enjoyable and i enjoy my work. My employer has decided to push swimming as an activity for our service users, the only problem i have with this is that i can't swim. I don't feel comfortable in a swimming pool and i don't want to risk my health as i do have a fear of drowning, we deal with challenging behaviour and the last thing i want is to be in the deep end when one of the service users blows! But my employer insists i do it and by refusing i am breaching my contract, they don't believe me and are pushing me into doing something i can't. I've had to write a statement for our HR saying i can't do this activity as i cant swim and now they've asked me to provide a doctors note to say i can't swim, a doctors note?!

I really need to know where i stand here, the company are being awful and uncompromising and i genuinely feel like i'm being bullied, how on earth can a doctor prove i can't swim? It's almost hard to believe what i am writing but it's all true. Can anyone please advise me what i can do and what my rights are?

[stevemLS]

Re: Employer asking me to do something i cant....

I do just wish people would stop claiming bullying the moment they are asked to do something they do not want to do.

Learn to swim, there are classes nationwide for those who are not confident in water?

[Nodistance]

Re: Employer asking me to do something i cant....

What a constructive reply. Thanks for the lack of help and pointless response. If you were actually in my situation you'd see how distressing and embarrassing it is. I've came on here to get some advice, not half a smart arse response.

[stevemLS]

Re: Employer asking me to do something i cant....

Please yourself whether you wish to accept my opinion or not.

Learning to overcome your problem with swimming may help you in many other aspects over life.

In my experience, employers of people who support people with LDs or other needs expect support workers to help with whatever activities they wish to do, within reason.

I doubt whether your contract of employment specifies anything one way or the other but may include something along the lines of supporting activities of daily living - including elective social activities.

In my opinion, if you are saying you have a true psychological to this or any other activity, your employer is entitled to ask for evidence to support your position.

I'm sorry if it came across as half arsed, not intended, blunt perhaps - comment on bullying was aimed wider certainly.

[righty]

Re: Employer asking me to do something i cant....

The fact that the OP cannot swim is highly relevant. Also to supervise disabled people they will need not just training but also a qualification in first aid and rescue.

For the employer to ask this non-swimming employee to supervise a 'swimming class' is just plain madness and should be resisted by all legal means possible. For Gawds sake peoples lives could be put at risk:help:

[stevemLS]

Re: Employer asking me to do something i cant....

I didn't read it as being asked to supervise a swimming class, rather than being asked to supervise an individual service user in swimming.

The two are totally different.

[vanman]

Re: Employer asking me to do something i cant....

Page 4

4
Guidance statements
As a Healthcare Support Worker or Adult Social Care Worker in England, you must:
1. be honest with yourself and others about what you can do, recognise your abilities and the limitations
of your competence and only carry out or delegate those tasks agreed in your job description and
for which you are competent.
2. always behave and present yourself in a way that does not call into question your suitability to work in
a health and social care environment.
3. be able to justify and be accountable for your actions or your omissions – what you fail to do.
4. always ask your supervisor or employer for guidance if you do not feel able or adequately prepared to
carry out any aspect of your work, or if you are unsure how to effectively deliver a task.
5. tell your supervisor or employer about any issues that might affect your ability to do your job
competently and safely. If you do not feel competent to carry out an activity, you must report this.
6. establish and maintain clear and appropriate professional boundaries in your relationships with people
who use health and care services, carers and colleagues at all times.
7. never accept any offers of loans, gifts, benefits or hospitality from anyone you are supporting or
anyone close to them which may be seen to compromise your position.
8. comply with your employers’ agreed ways of working.
9. report any actions or omissions by yourself or colleagues that you feel may compromise the
safety or care of people who use health and care services and, if necessary use whistleblowing
procedures to report any suspected wrongdoing

Code of Conduct for Healthcare
Support Workers and Adult Social

pdf here

[stevemLS]

Re: Employer asking me to do something i cant....

So, employer is asking to either prove incompetent or to become competent. Still no problem.

[righty]

Re: Employer asking me to do something i cant....

I didn't read it as being asked to supervise a swimming class, rather than being asked to supervise an individual service user in swimming.

The two are totally different.

No they aren't One or twenty the same standard of ability and care will be expected

[stevemLS]

Re: Employer asking me to do something i cant....

righty, once again we agree to differ.

I have 25 years of dealing with such problems, but that shouldn't influence your cutting and copying from other sources.

[vanman]

Re: Employer asking me to do something i cant....

So, employer is asking to either prove incompetent or to become competent. Still no problem.

i was thinking that 5 and 9 applies more.

5. tell your supervisor or employer about any issues that might affect your ability to do your job
competently and safely. If you do not feel competent to carry out an activity, you must report this

9. report any actions or omissions by yourself or colleagues that you feel may compromise the
safety or care of people who use health and care services and, if necessary use whistleblowing
procedures to report any suspected wrongdoing

[righty]

Re: Employer asking me to do something i cant....

righty, once again we agree to differ.

I have 25 years of dealing with such problems, but that shouldn't influence your cutting and copying from other sources.

The OP is correct your a bit of a smart arse aren't you

PS As a former litigator specializing in amongst other things such as EL. PL. and PI. I've been dealing with such problems for almost 45yrs

[stevemLS]

Re: Employer asking me to do something i cant....

If that's how you choose to classify me, nothing I can do about it, only trying to help.

[FlamingParrot]

Re: Employer asking me to do something i cant....

I do just wish people would stop claiming bullying the moment they are asked to do something they do not want to do.

Learn to swim, there are classes nationwide for those who are not confident in water?

Please yourself whether you wish to accept my opinion or not.

Learning to overcome your problem with swimming may help you in many other aspects over life.

In my experience, employers of people who support people with LDs or other needs expect support workers to help with whatever activities they wish to do, within reason.

I doubt whether your contract of employment specifies anything one way or the other but may include something along the lines of supporting activities of daily living - including elective social activities.

In my opinion, if you are saying you have a true psychological to this or any other activity, your employer is entitled to ask for evidence to support your position.

I'm sorry if it came across as half arsed, not intended, blunt perhaps - comment on bullying was aimed wider certainly.

Within reason is the keyword here, if being able to swim had been a requirement of the job they'd have said so just like some jobs require you to be able to drive. In this case I don't even see any mention of the employer offering the OP swimming lessons as an employer would offer any other kind of training.

Being able to swim and being able to help someone who gets into difficulties in the water are two completely different things. You need to learn special techniques to drag someone out of the water and save them from drowning, particularly a teenager or an adult as opposed to a small child. For example I can swim and go further than the length of an Olympic swimming pool into the sea, that doesn't mean I could rescue someone who's drowning, I wouldn't know where to begin! That's a special skill and an employer can't expect and untrained person to be responsible for supervising others. There's more to this than just learning to swim!

[stevemLS]

Re: Employer asking me to do something i cant....

Agree FP, the point I was trying to make, perhaps clumsily, is that the OP's original reluctance appeared to depend on their own difficulty with water.

I doubt, again, whether OPs contract is dependant either on an ability, nor an inability to swim, what would it then depend on would be the interpretation of support requirements and whether day to day swimming could be considered an exceptional need.

That's why I (tried) to suggest again why OP might try to overcome their own disinclination to water.